Senate File 207

                                       SENATE FILE       
                                       BY  WARNSTADT

                                       (COMPANION TO LSB 2644HH
                                        BY WENDT)


    Passed Senate,  Date               Passed House, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act establishing a school infrastructure assistance program,
  2    and making an appropriation.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2644XS 80
  5 rn/cf/24

PAG LIN

  1  1    Section 1.  NEW SECTION.  256.24  SCHOOL INFRASTRUCTURE
  1  2 ASSISTANCE PROGRAM.
  1  3    1.  The department shall establish a school infrastructure
  1  4 assistance program.  The purpose of the program shall be to
  1  5 provide financial assistance to school districts facing school
  1  6 infrastructure needs which are determined to fall below the
  1  7 median property tax infrastructure capacity per pupil for the
  1  8 state.  For the purposes of this section, "school
  1  9 infrastructure" means activities initiated on or after July 1,
  1 10 2003, as authorized in section 296.1 but does not include
  1 11 those activities related to stadiums, bus barns, a home or
  1 12 homes of a teacher or superintendent, procuring and improving
  1 13 a site for an athletic field, or improving a site already
  1 14 owned for an athletic field.
  1 15    2.  A school district shall be eligible to participate in
  1 16 the school infrastructure assistance program if the school
  1 17 district has imposed a local sales and services tax for school
  1 18 infrastructure pursuant to chapter 422E which is in effect on
  1 19 the program application date, and the district's property tax
  1 20 infrastructure capacity per pupil, as defined in section
  1 21 292.1, falls below the median property tax infrastructure
  1 22 capacity per pupil calculated for each school district in the
  1 23 state.  A school district with a combined tax capacity, as
  1 24 determined pursuant to subsection 3, which equals or exceeds
  1 25 the median property tax infrastructure capacity per pupil for
  1 26 the state shall not be eligible for assistance pursuant to
  1 27 this section.
  1 28    3.  In order to determine the amount of funding an eligible
  1 29 school district may receive, the department shall determine a
  1 30 combined tax capacity for each school district in the state.
  1 31 The combined tax capacity shall equal the district's property
  1 32 tax infrastructure capacity per pupil plus the per pupil
  1 33 amount generated in the district by the local sales and
  1 34 services tax for school infrastructure.  An eligible school
  1 35 district may receive an amount up to that amount necessary to
  2  1 raise the district's combined tax capacity up to the median
  2  2 property tax infrastructure capacity per pupil for the state.
  2  3    4.  A school district wishing to participate in the school
  2  4 infrastructure assistance program shall submit an application
  2  5 to the department on a form developed by the department by
  2  6 October 15 annually.  In the event that the amount
  2  7 appropriated annually to fund the program pursuant to section
  2  8 256.25 is insufficient to raise all eligible applicant school
  2  9 districts up to the median property tax infrastructure
  2 10 capacity for the state, the department shall prorate
  2 11 allocations from the fund to all eligible applicant school
  2 12 districts.
  2 13    Sec. 2.  NEW SECTION.  256.25  SCHOOL INFRASTRUCTURE
  2 14 ASSISTANCE PROGRAM == APPROPRIATION.
  2 15    Each school district whose combined tax capacity, as
  2 16 determined pursuant to section 256.24, subsection 3, exceeds
  2 17 the median property tax infrastructure capacity per pupil for
  2 18 the state shall be identified.
  2 19    For each school district identified, an amount shall be
  2 20 subtracted from the amount which would otherwise be paid to
  2 21 the school district pursuant to section 257.16.  The amount
  2 22 subtracted shall correspond to the proportion by which the
  2 23 amount of the excess for the school district bears to the
  2 24 total amount of the excess for all school districts in the
  2 25 state which exceed the median property tax infrastructure
  2 26 capacity per pupil, which total amount is necessary to provide
  2 27 funding to bring all school districts up to the median
  2 28 property tax infrastructure capacity per pupil for the state.
  2 29    The amounts subtracted for each school district exceeding
  2 30 the median property tax infrastructure capacity per pupil are
  2 31 appropriated to the department for allocation to those school
  2 32 districts participating in the school infrastructure
  2 33 assistance program pursuant to section 256.24.
  2 34                           EXPLANATION
  2 35    This bill provides for the creation of a school
  3  1 infrastructure assistance program to be administered by the
  3  2 department of education.  The bill provides that the purpose
  3  3 of the program shall be to supply financial assistance to
  3  4 school districts facing school infrastructure needs which are
  3  5 determined to fall below the median property tax
  3  6 infrastructure capacity per pupil for the state.  The bill
  3  7 references Code section 296.1 regarding a definition of
  3  8 "school infrastructure" for activities initiated on or after
  3  9 July 1, 2003, but provides that school infrastructure shall
  3 10 not include activities related to stadiums, bus barns, a home
  3 11 or homes of a teacher or superintendent, procuring and
  3 12 improving a site for an athletic field, or improving a site
  3 13 already owned for an athletic field.
  3 14    The bill provides that a school district shall be eligible
  3 15 to participate in the school infrastructure assistance program
  3 16 if the district has imposed a local sales and services tax for
  3 17 school infrastructure which is in effect on the program
  3 18 application date, and if the district's property tax
  3 19 infrastructure capacity per pupil, as determined pursuant to
  3 20 Code section 292.1, subsection 7, falls below the median
  3 21 property tax infrastructure capacity per pupil calculated for
  3 22 all school districts in the state.  Code section 292.1,
  3 23 subsection 7, provides that a school district's property tax
  3 24 infrastructure capacity per pupil equals the sum of a school
  3 25 district's levies under Code sections 298.2 and 298.18 if
  3 26 imposed to the maximum extent permissible in a school budget
  3 27 year, divided by a school district's basic enrollment for the
  3 28 budget year.
  3 29    The bill provides that to determine the amount of funding
  3 30 which an eligible school district may receive, the department
  3 31 shall determine a combined tax capacity for each school
  3 32 district in the state.  The bill provides that the combined
  3 33 tax capacity shall equal a district's property tax
  3 34 infrastructure capacity per pupil plus the per pupil amount
  3 35 generated in the district by the local sales and services tax
  4  1 for school infrastructure.  The bill provides that an eligible
  4  2 school district may receive an amount up to that necessary to
  4  3 raise the district's combined tax capacity up to the median
  4  4 property tax infrastructure capacity per pupil for the state.
  4  5    The bill provides that a school district wishing to
  4  6 participate in the school infrastructure assistance program
  4  7 shall submit an application to the department on a form
  4  8 developed by the department by October 15 annually, and
  4  9 provides for proration of amounts appropriated for the program
  4 10 in the event such amounts are insufficient to fully fund
  4 11 allocations to all eligible applicant school districts.  The
  4 12 bill further provides that a school district with a combined
  4 13 tax capacity which equals or exceeds the median property tax
  4 14 infrastructure capacity per pupil for the state shall not be
  4 15 eligible for assistance pursuant to the program.
  4 16    The bill provides an annual appropriation to fund the
  4 17 program from the general fund of the state to the department
  4 18 of education corresponding to a proportionate reduction in
  4 19 state aid otherwise payable to school districts having imposed
  4 20 the local sales and services tax for school infrastructure
  4 21 with a combined tax capacity exceeding the median property tax
  4 22 infrastructure capacity per pupil for the state.
  4 23 LSB 2644XS 80
  4 24 rn/cf/24